Legal Grounds for Contesting a Will in New York
Legal Grounds for Contesting a Will in New York
When a loved one passes away, disputes can sometimes arise over the contents of their will. In New York, the law provides specific legal grounds for contesting a will. If you believe that a will does not reflect the true intentions of the deceased, it may be possible to challenge its validity in Surrogate’s Court. At the Law Offices of Benjamin B. Neschis, P.C., we help New York City residents navigate these complex and emotional proceedings.
Common Legal Grounds for Will Contests in New York
1. Lack of Testamentary Capacity
A person must be of sound mind to execute a valid will. This means they must understand the nature of their assets, the natural heirs of their estate, and the consequences of signing the will. If the testator was suffering from dementia, mental illness, or was otherwise mentally incapacitated at the time of signing, the will may be contested.
2. Undue Influence
If someone close to the deceased used pressure, manipulation, or coercion to affect the contents of the will, it may be invalid. Undue influence often occurs when a beneficiary is in a position of power or trust and isolates the testator from others.
3. Fraud
A will can be contested if it was signed based on false representations or if pages were altered or switched without the testator’s knowledge. Fraud undermines the testator’s intent and can render the document unenforceable.
4. Improper Execution
New York has strict requirements for how a will must be executed. The testator must sign the will in the presence of at least two witnesses, who must also sign the will. If these procedures were not followed exactly, the will may be considered invalid.
5. Forgery
If the testator’s signature was forged, or the will was not genuinely created by the deceased, this constitutes grounds for a will contest. Handwriting analysis and expert testimony are often used to support these claims.
Who Can Contest a Will in New York?
Only individuals with legal standing can file a will contest. This typically includes:
- Heirs-at-law who would inherit under intestacy laws if there were no valid will.
- Beneficiaries named in a prior will who were excluded or disinherited in a later version.
Timelines for Filing a Will Contest
A will contest must be initiated promptly. Once a will is submitted for probate, interested parties are notified and given an opportunity to object. Failure to act within the prescribed time can result in losing the right to challenge the will.
Get Legal Support for Your Will Contest
Contesting a will in New York requires careful legal analysis and evidence. At the Law Offices of Benjamin B. Neschis, P.C., we work with individuals and families in New York City to assess their options and pursue appropriate legal remedies.
